US 322

16 - 08 - 1999

US 322

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXV (2000)
Jurisdiction United States
Original full text Full text decision US 322
Summary

US 322. United States District Court, Southern District of New York, 16 August 1999

Related topics
102

The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).

Arbitral award not considered as domestic (paragraph 1)
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
US 322